Taylor Council Debates Need For Jail Usage Fees

Navajo County officials estimated their cost to house inmates booked by cities and towns on misdemeanors without the jail usage fees to be $1,091,699.78 and a three-year average for non-routine medical care for all inmates at $424,155.

Assistant County Manager Dusty Parsons attended the Feb. 2 Taylor Town Council meeting to answer the council’s questions on the soon to be implemented fees.

“I wish I was here giving money instead of asking for money,” said Parsons. “For years the county was able to absorb costs; the county is not able to absorb costs any more.”

Parsons noted that county officials met with town managers several months ago to discuss non-medical routine fees, and explained that if someone comes into the facility and is intoxicated to the point that he or she is not awake, they are required to take them to the hospital. He further explained that if inmates were on Arizona Health Care Cost Containment System (AHCCCS), Arizona’s equivalent to Medicaid, after being jailed, they are no longer on AHCCCS. “This is something we’re looking at recouping,” he said.

The Board of Supervisors approved charging municipalities a $50 booking fee and a $78.41 daily rate. Jail fees are based on the federal Bureau of Prisons fees, said Parsons, explaining that the BOP pays the county a $50 booking fee and $78.41 per day of incarceration.

The county jail averages 380 to 390 inmates a day, but since the usage fee has been discussed, jail averages have declined and the rate is now approximately 300 inmates a day. Parsons said that they are working with the justice court and district court officials who sentence people to jail for non-payment of fines, noting, “They don’t pay, so they are put in jail five days. It’s only costing us money.”

“We had situations where prisoners were being carried in,” said Parsons. “We have nurses and employees that come up to check them in and if they are not conscious, we are required to take them to the hospital. Things like that we have to look at…

“I’m not here to tell cities how to run their businesses at all,” he continued. “People who are breaking the law should be punished accordingly,” though he noted that “some people that want a place to keep warm and get a good meal intentionally come into our jails.

“We need to look at the legislation changing some of this,” said Parsons. “It’s not about trying to make money. Our jail costs us $7 million to run it a year. We’re at a point now that we’re asking the cities to partner with us. It’s a situation that has to be done.”

Town Manager Eric Duthie explained to the council that on Jan. 20, the Board of Supervisors proposed that towns pay 50 percent of the proposed fees for the 2011-12 and 2012-13 fiscal years, 75 percent for the 2013-14 fiscal year and 100 percent for the 2014-15 fiscal year. At a Jan. 27 meeting they proposed charging 50 percent for 2011-12, 2012-13 and 2013-14, and then charging 100 percent in 2014-15.

Duthie said that with the 45 percent/55 percent intergovernmental agreement Taylor has with Snowflake for police services, their 50 percent would cost $17,928 annually, 75 percent would cost $25,892 and the full fee would be $35,867.

Parsons said that in talking with officials of other cities and towns in the state he found that they charge user fees or have a jail district.

“You mentioned abuses to the system. Obviously people dragging someone into the jail is an abuse of the system, obviously there’s been room for improvement,” said Vice Mayor Jordy Fuentes. “It’s just kind of hard when we’re taking such drastic measures, when there are some areas that could have improvement.”

Parsons responded, “Abuses, I’m not going to say that…We’re not asking you to pay every bit of the cost, we’re asking on a 50 percent formula. Cost will come down with usage.”

“What has the county jail done to reduce their costs?” asked Councilman Mark Reed. “You’re right, it’s a tough time for everybody. Honestly, this is just another way of taxing us without taxing us.”

Parsons said that they have the cheapest food service in the state and many employees have taken a 2½ percent pay deduction. They have saved over $1 million in positions that have closed, noting that in three years the budget has gone from $40 million to $30 million. “We still have the same demands,” said Parsons.

He noted that transporting prisoners for court is an expense, but he felt costs could be cut if they work together.

Vice Mayor Fuentes asked why Taylor is different from Heber, stating, “Why would Taylor residents pay twice? Obviously, there’s a funding structure in place to pay for the jail system by statute. Now we’re going back to Taylor residents and not saying that everybody needs to pay for the county jail.” He expressed concern that incorporated towns will pay, but Heber/Overgaard, which is unincorporated, will not and asked, “What’s the difference?”

“It’s a service that our police department is using… We’re being charged if we use their services,” explained Councilman Jared Hatch.

“My whole point is, there’s already funding in place for residents of Navajo County, why ask certain residents for money?” said the vice mayor.

“A lot of people have created a jail district, most have done it by sales tax,” said Parsons. “Most of the states have done that and the ones that haven’t need assistance.” He went on to explain that several years ago they had issues with the jail and were under mandate to build a new one. “That was where the Bureau of Prisons came in; thanks to Lewis Tenney there was no cost.

“I understand the environment today, but right now the bottom line for us is we have to get some additional funds in there. It’s a usage fee; we need your help,” said Parsons.

There was discussion on what would happen if Taylor refused to pay.

Duthie pointed that, “Each in Navajo County are all in the same frame of mind, they don’t want to do this, but each to a different degree. It was very, very clear that perhaps Taylor and Snowflake would be ones that would be really serious about not paying the invoice. I’m not advocating that. In my mind it’s unsure what the consequences would be.” He said that the attorneys are getting together to discuss this.

Duthie pointed out Section 2.1 of the county ordinance states, “If an invoice or any portion there…remains unpaid by the final day of the succeeding month, Navajo County may refuse to accept new inmates from the municipality until payment is made.”

“We’re all in the same boat, we understand,” Duthie told Parsons. “We’re not knocking the jail, not knocking the county, and not knocking you or anybody else. We’re quite happy with the improvement we’ve seen over time.”